SHEONANDAN YADAV AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appellants have been convicted u/s. 426/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for three months. Appellant, Amrit Yadav has been further convicted u/s. 323 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for three months. Both the sentences were ordered to run concurrently.

(2.) The prosecution case, in brief, is that on 25.6.1986, the informant, Sidheshwar Yadav, was returning at home about 10/11 A.M. after washing his she buffalo at the well. The informant saw that three accused persons, named above, were demolishing the wall raised by him to rescue his house from seepage. The informant protested to this act of the accused persons, whereupon the three accused abused him and assaulted him with lathi. The informant sustained injury on his hand and other parts of his body. When the accused persons were clamouring, Bachu Yadav also came there and abused the informant. When the informant raised alarm, his Bhaujai Basmatiya Devi also came there and she was also assaulted by the accused persons. He also received injury. There was threatening for not going to the Police Station. Thereafter he gave statement before the Tekari Police Station. After completion of investigation the police submitted charge sheet against the accused persons. Thereafter the cognizance was taken and the trial concluded with the result as indicated above.

(3.) The prosecution in order to prove its case has examined altogether eight witnesses. P.W.1 Ravi Ranjan, is a formal witness. He has proved the F.I.R. P.W. 2 is Ram Chandra Yadav. P.W. 3 is Ram Briksh Yadav. P.W. 4 is Jadunandan Yadav. P.W.5 is Basmatia Devi. P.W. 6, Sidheshwar Yadav is the informant. P.W. 7 is a formal witness. P.W. 8 is Dr. Ram Naresh Singh who has examined the informant and injured, Basmatia Devi.